New data reveals a growing wave of legal action against transition mineral mining firms and renewable energy companies.

A growing wave of legal action around the energy transition is raising concerns about its implementation – and revealing systemic problems in how projects linked to the energy transition are pursued when rights are ignored.

New data, published today by the Business & Human Rights Resource Centre (BHRRC), shows how Indigenous Peoples, frontline communities and workers are increasingly turning to the courts to push back against abuses of their rights. Since 2009, BHRRC has documented 95 legal cases launched around the world by those directly impacted by human rights harms associated with the growth of the renewable energy value chain – from extraction of transition minerals through to wind, solar, and hydro installations. Approximately 77% of these cases have been filed since 2018, highlighting a rise in this type of litigation as the energy transition has picked up steam. 

Most legal cases (71%) were brought against companies and/or states in transition mineral mining. However, cases against the renewable energy sectors (solar, wind and hydropower) were also found to be challenging a wide range of harms.

Nearly 65% of legal cases seek to permanently or temporarily halt the project in question because of alleged human rights and environmental abuses, particularly where firms have failed to properly consult hosting communities. This raises a stark warning to companies with projects linked to the energy transition: ignoring the voices of rightsholders risks slowing progress at the project level as distrust and conflict grows, as well as presents severe legal risks for them and their investors.

Key findings from BHRRC's just transition litigation tracking tool: 

• The majority (71%) of lawsuits were linked to the mining of transition minerals*.
• The renewable energy sector represented 29% of lawsuits. This included wind (14%), hydropower** (12%) and solar (4%).
• The highest number of abuses (53%) were documented in Latin America and the Caribbean. Of the 41 lawsuits filed in that region, 31 related to transition mineral mining and 10 to renewable energy projects. 
• Environmental abuses are particularly prominent: 70% of legal cases related to the right to a clean, healthy and sustainable environment, while 56% related to water pollution and/or access to water. 
• Indigenous Peoples filed almost half (47%) of the cases. Of these, 49% were linked to violations of Indigenous Peoples’ rights, including violation of the right to Free, Prior and Informed Consent in 33% of cases. 
• In 53% of cases, rightsholders claimed they had not been adequately or sufficiently consulted regarding a project.
• Violations of land rights made up 27% of cases, while 40% were linked to impacts on notable or protected areas, such as Indigenous Peoples’ sacred land, grazing lands, agriculture, heritage sites or national parks.
• The right to livelihood, including the right to food and to ownership and control of natural resources, was linked to 48% of cases. 

Elodie Aba, Senior Legal Researcher, Business & Human Rights Resource Centre, said: “The move to cleaner energy sources is vital if we are to address the climate crisis – but this cannot come at the cost of rightsholders on the frontlines. The energy transition must be centred on the rights and participation of Indigenous Peoples, frontline communities and workers affected by transition minerals mining and renewable energy projects. Instead, too many are being left to bear the costs with nothing in return. Lawsuits, which are often a last resort, have become a powerful tool for those left out of the decision-making process. These lawsuits are not a rejection of climate action; they are a demand for a just transition.

“This growing wave of litigation should be a stark warning to companies and investors. These rightsholders are not obstacles to overcome; they are essential partners in building a sustainable future. When their rights are respected throughout the project cycle – through meaningful consultation, fair benefit sharing, and responsible sourcing – the path to decarbonisation can be grounded in public trust and shared prosperity. When their rights are ignored, we see resistance, conflict and delay. This not only risks slowing projects, but also the energy transition as a whole.

“Our data paints a troubling picture: if companies and investors don’t urgently address disregard for the human rights in the renewable energy value chain, we are likely to see a derailing of the much-needed clean energy transition. Human rights are not a barrier to progress; they are a precondition for it. The private sector must act now, not only to avoid costly disputes and delays, but to help build an energy transition that truly delivers for people and planet alike.”

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Notes to editors: 

• Business & Human Rights Resource Centre (BHRRC) is an international NGO that tracks the human rights impacts of companies across the globe. With partners and allies worldwide, BHRRC seeks to put human rights at the heart of business to deliver a just economy, climate justice, and end abuse.
• Just transition tracking tool: BHRRC’s hub for just transition litigation lawsuits against companies or states for authorising a specific business activity linked to transition mineral mining or the renewable energy sector, where they argue the abuse of human rights and environmental rights. Together, these cases paint a clear picture of the growing refusal by rightsholders to accept these violations as an inevitable cost of the world’s transition. See our definition of just transition litigation in our methodology.
• *BHRRC defines transition minerals as eight of the key minerals needed across the most dominant technologies underpinning renewable energy, electric vehicles (EVs) and electrification. These are: bauxite, cobalt, copper, lithium, manganese, nickel, zinc and iron ore.
• **BHRRC recognises many communities do not consider hydropower or biomass as renewable sources. We include them in our analysis because they are part of many government climate action plans and to get an overview of the most salient risks.

Media contact: Priyanka Mogul, Senior Communications Officer (Media/PR), Business & Human Rights Resource Centre, [email protected]